2016-01-06

The new Code of Civil Procedure is here!

new Code of Civil Procedure Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.

It is now official. Since January 1st, 2016, the actors of the legal world must refer to the new Code of Civil Procedure.
 
The new Code differs in many ways from the old one by the way it is presented, the terms used but also by its objectives. One of these is to make the access to justice quicker, more efficient and less expensive. Following are some examples of the changes initiated by the new Code.
 
The parties now have the obligation to consider private modes of prevention and settlement of disputes such as mediation, arbitration, or even negotiation. It is the consecration of the principle that courts should only be used as a last resort. 
 
Parliament has allowed an easing of the procedure. The defence and the applications presented at the trial can now more often be made orally. The examination for discoveries can be done in writing, and affidavit is possible in all cases where there is oral defence.
 
Parliament enshrines the principle that despite the dispute between them, the parties have a general duty to cooperate, for example to complete the court record and to ensure fair debate. It is therefore an important philosophical shift.
 
Finally, the judges now have greater powers over case management allowing them to ensure that the guiding principles of civil procedure are respected and that there is no abuse.
 
It is still early to know what the real impact of this reform will be, but your lawyers will keep their ears to the ground for your benefit!